SAN DIEGO – A San Diego County consumer alleges he was harassed by the frequency of a debt collector's calls.
Guillermo Espinoza filed a complaint on Sept. 7 in the U.S. District Court for the Southern District of California against Capital One NA over alleged violation of the Rosenthal Fair Debt Collection Practices Act and Telephone Consumer Protection Act.
According to the complaint, Espinoza was contacted by the defendant multiple times in order to collect an alleged debt. He alleges the defendant called him almost daily and left voicemails.
The suit states the plaintiff's counsel contacted the defendant via letter in March and asked that the communication with the plaintiff cease and instead be sent to his counsel.
The plaintiff holds Capital One NA responsible because the defendant allegedly continued to call plaintiff despite indisputably being informed to not call plaintiff despite five communications from his counsel.
The plaintiff requests a trial by jury and seeks judgment for actual, compensatory and statutory damages of $1,000, award of attorney's fees, and such other and further relief as the court may deem just and proper. He is represented by Ahren A. Tiller of BLC Law Center APC in San Diego.
U.S. District Court for the Southern District of California case number 3:18-cv-02090-H-MDD